ryan. put it in your mouth. [laughter] >> happy oreo day, everybody. >> president trump's new travel ban expected today as there's a weekend fire storm over the wiretapping and russia we're rolling. i'm bill hemmer. welcome to "america's newsroom." >> there was no weekend. >> how was the train? >> i'm shannon bream for martha maccallum. the head of the fbi wants the justice department to publicly deny claims.

>> bill: democrats demanding proof and the white house wants congress to investigate and apparently it will. here's kellyanne conway from last hour. >> the people deserve to know so why not include into the existing investigation into russia the aspect of whether or not this actually happened. the democrats say every day, investigate, investigate, what are they afraid of? let's investigate and see where it leads. >> shannon: lots to get to first let's start with president trump's wiretapping claim. what are you hearing? >> many much washington is reacting as quickly as they can that they ordered a wiretap of then-candidate donald trump but there's questions to whether someone else other than president obama may have gone to a court or asked the fbi to

check in on what was going on in trump tower. now in a complete 180 a change of direction for the white house after dismissing the notion that there was any there-there and probably shouldn't be an investigation into any potential connections between the trump campaign and russia people here at the white house are now saying let's blow this investigation wide open. let's have the justice department and intelligence committees check to see if maybe somebody did along the line order a wiretap. here's kellyanne conway on fox and friends. >> let's have the intelligence committees do their work and think whether to include this. the president made clear he'd like there to be an investigation of any possible abuses and hopefully that oversight activity will clarify for everybody. >> now, the president was said to be livid late last week over how to the controversy surrounding jeff sessions and

his contact with the russian ambassador blew out of the water all the good news the president was getting over his address to the joint session of congress on tuesday. and it looked like it was something that was going to dog the white house for days after that maybe even into the week. the president woke up saturday morning, shannon, and very effectively changed the news cycle. >> shannon: all right, something to change the cycle again the immigration order coming this morning. what should we expect? >> it's likely what's happening today will get us further away from the controversy over jeff sessions. we're told the president will quietly sign the exec order on the immigration ban. we told you it will implement the 90-day suspension of travel from six countries now and that will be iran, syria, libya, sudan, somalia and yemen. iraq is off the list of banned countries. the reason why improved

screening and reporting however, this is the special category we were talking about a couple weeks ago, iraq will be a subject to additional scrutiny to identify possible connections to isis or other terrorist organizations. the new order will exclude legal permanent residents and current visa holders and remove the indefinite suspension of refugees from syria though all refugees will be banned for a period of 120 days and create a system of extreme vetting. unlike the other executive order that went into practice when it was implemented right away, this one's not going to be implemented until the 16th of march. one of the things we should point out to you in terms of the travel ban from the six countries the dates of visa issuance will be retroactive to when the first executive order was released. so anybody who got a visa between the time the first executive order was released and the time this one goes into

effect will not be able to ten their the country. >> shannon: we'll see how the courts treat this. thank you. >> bill: and we have a fox contributor with assistance on all this. how are you doing? >> good morning. >> bill: you have to follow the back and forth. bring our viewers up to speed based on what we know, what we think we know and what's still out there. where are you on this? >> what you have to keep an eye on the corraligation -- core allegation on this and did anyone collude on the election. we have had reports in the news that relied on wiretaps and president trump blew everything up by suggesting and saying that barack obama had tapped his

phones. so he makes the allegation. there is no evidence right now to support that but there are a lot of wiretaps out there and something the public needs to figure out what happened. >> bill: the law says you can't spy on americans but that conversation has changed when some foreign entity is doing business in the u.s. and considered suspicious >> the intelligence community has basically said these are taps that focussed on foreign people for example the russian ambassador or russians in russia. as a result of the taps they picked up conversations with americans but even when that happens there's a lot of parentheses required to protect the constitutional rights of the american party on that. >> bill: james clapper was on "meet the press" and asked about this on his role and his knowledge when asked the following. >> the fbi had a court order for surveillance. is that information you would

know or not know? >> yes. >> you would be told this if there was a fisa court order. >> absolutely. >> at this point you can confirm or deny this? >> i can deny it. >> denying specifically about what? >> the obama white house put a wiretap or any of the intelligence agencies put a wiretap on the donald trump or trump tower. it's the idea that you remember the former president's office put out a statement and said there were absolutely no wiretap orders that came from president obama or the obama white house. very specific about that entity. >> bill: this was james clapper four years ago under oath, senate intelligence committee. >> does the nsa collect any type of data at all on millions or hundreds of millions of americans? >> no, sir. >> it does not?

>> not wittingly. there are cases where they could inadvertently perhaps collect but not wittingly. >> that was a big story at the time because that statement was not true. >> flat out not true. so a lot of people accuse clapper of lying to congress because of that but he clearly didn't tell the truth in that particular exchange. >> bill: let me try and cut through a lot of this and go to two critical points here. every time the story had been reported over the weekend it was reported as president trump does blah, blah, blah without evidence. we must also add that the claims of the trump campaign colluding with the russians during the campaign is also without evidence, correct or not? >> yes. as a matter of fact -- >> bill: what do we know now? >> we don't know anything in the

clip on the wiretapping he said he saw no evidence of collusion and was the head of the intelligence community and that investigation has been going for months. >> bill: there was a story that one of the trump entities was communicate a russian bank whether on fifth avenue or downtown or washington, d.c. or florida we don't know. but the story suggestions a computer was communicate a russian bank by sending e-mail and the e-mail was spam. is it possible going to a fisa court in july and said something is not right and denied the warrant and go back in october and granted the warrant and what you find is a lone computer sending spam to a russian bank. is it possible in the end this is what this is all about?

yes or no? >> you know there was a washington person a couple days ago who said in this case the smoke is the fire. in other words, there's all this smoke and nothing at the bottom of it and that could actually be the case. so far after a lot of investigation and a lot of leaks we have not seen any evidence with the basic question did donald trump or anyone around him collude. >> bill: thank you for the analysis and you have it at home and when the story changes we'll follow it. shannon. >> shannon: the white house asking congress to investigate the claims trump was wiretapped. >> all we're asking is the same fair deal the house intelligence committee is given the opportunity to investigate and review this and see if there's anything there because we believe there is. >> shannon: so is congress equipped to do that. we'll speak with a congressman

sitting on the house intelligence committee and reaction from the obama administration. former state department spokeswoman joins us live. >> bill: and the battle for mosul continues take twisted turn. reports of isis using chemical weapons with tens of thousand of civilians caught in the crossfire. >> shannon: and north korea at it again. the rogue regime conducting more banned missile tests. how will a trump administration now respond? i know this is sudden, but they say...if you love something set it free. see you around, giulia

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>> >> shannon: a fox news alert gop newsmakers looking to take concrete steps this week on a plan to repeal and replace obamacare. heath committees can start looking at it wednesday and the first time the public will get a glimpse among deep divisions and they need to get it passed. >> the fact it was being done is a story we should be talking about, george. all we're asking is that we let congress do its job. let's let the house intelligence committee review this and investigate it as they committed to over the weekend. there's been constant allegation. the hypocrisy is outrageous. >> bill: that is sarah huckabee sanders reinforcing the call for

the investigation into former president obama and his administration. where does it go now? a house committee member is with me and says it's already happening. good morning to you, sir. you met with the fbi director last week, crick correct? >> yes, sir and he stayed later than he was designed to stay to answer more of our questions. >> bill: how much of that can you share with us and our audience now then? >> exactly what i shared. he came, he answered our questions and he stayed a good long while. there's a reason we do it behind closed doors. >> bill: there was no knowledge of what the president tweeted saturday morning about the obama team surveilling trump tower? >> first i heard was saturday morning. >> bill: what did you think when you heard that, sir? >> it's hard to cross-examine tweets. i need witnesses. i need document. there's only two ways u.s. citizens' communications

can be communicated is fisa inqui inquiry and there's a paper trail, an application and warrants and right now the executive branch is controlled not by the obama administration but by the trump administration is whatever information is out there and there would be a paper trail is now controlled by the executive branch run by mr. trump. >> bill: we have reaction on all this. a democrat on the committee you work with him well. he called the accusation on sunday destructive. the other word he used was baseless. what does he know? >> he doesn't know any more than i know and i'm sure adam used to be a federal prosecutor. i'm sure what he meant to say is we need to interview all the witnesses and access all the documents and we'll wait to make conclusions until we have done

both of those things. i'm sure that's what he meant to say. >> bill: he does not say that as you know. >> no, he did not say that. >> bill: bob woodward said this about the house's ability to investigate. >> congress is also not very well equipped to do this. they've had some flops in recent investigation. the quality of information of evidence we're liable to get is going to be weak. i have to recall watergate went on for two years and two months to get closure and clarity. >> bill: we're not going that far but what do you think about his comment on the quality of information etcetera? >> congress is more equipped to do investigations than journalists. we can't rely on anonymous sources or leaked information which in and of itself is a crime so i can't cross-examine

anonymous source. it's easier to write a news piece than to conduct an investigation. you need access to witnesses and documents and understand we don't run parallel criminal investigations. we have a job to do but it's not to investigate crime. >> bill: have you seen evidence that the obama team did surveil the trump tower? >> no, sir. >> bill: have you seen evidence the trump team colluded with the russians last year? >> no, sir and reports to the contrary have been described as demonstratively false to me. >> bill: the team said they're notorious for this. suggests notorious for spying. what can you add to that? >> nothing. i don't view it as the obama team. i don't think the fbi is the obama team and i don't think the men and women who are career

prosecutors at doj belong to any team other than a blind-folded woman holding a pair of scales. we have the tools to keep us safe and it's prudent for those tools to be used lawfully and appropriately. if they're not used lawfully and appropriately there's a paper trail and we'll be able to find it out. the obama team is no longer in charge. so any information the current department of justice has that suggests the previous team acted inappropriately they're welcome to release it. >> bill: thank you for your time back in greenville, south carolina. twenty minutes now past the hour. >> shannon: the white house now saying it will roll out the revised travel ban today. we have a judge here to tell us whether it will survive legal challenges once it's put action. >> we cannot allow a beachhead

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bombs and chemical weapons. joining me now michael walsh the former green beret commander and a fox news contributor. good to see you this morning. >> good morning, shannon. >> shannon: one intel watch group says there's 52 times they count at least isis has used chemical weapons. 19 of those in or around mosul. it's potentially a war crime. does that matter to isis? >> well, let's take a step back for a moment, shannon. for those that wonder and question why the united states needs to be involved in the middle east, why the wars are worth american blood and treasure john brennan testified last year he believes isis is capable of producing on its own chemical weapons. now, i think we all know that in addition to using them on the battlefield they'd love to use them in spectacular effect in europe and the united states.

we have to destroy this group and quickly and get to a longer-term strategy how we undermine the ideology is another group like it doesn't pop up again. >> shannon: we know for months there's been an ongoing battle in mosul. the eastern part we were told liberated in january but the alleged counterattack happened there. how much is psychological for the people there. essentially the troops on the ground have to wear special gear. it presents a new challenge for them. >> well, we believe -- the reporting indicates rockets were launched to the eastern side of the city which has been liberated but you make a great point. it's difficult for the rockets to be accurate and employ chemical weapons in a militarily effective way but create a psychological effect and instill fear and they have to use the

bulky, difficult protective gear. i don't think the iraqi army has the ability to fully protect itself but we have american advisors very close to the front lines right now up there with the iraqi forces facing this type of threat and it's certainly something they'll have to take into account as they move forward. >> shannon: one of the first things the president did upon being inaugurated was launch this 30-day clock for his top military and strategic advisors to get together a plan for getting rid of isis. that has as we understand been submitted. where do we go from here? how will the fight for isis be different under president trump than president obama. >> while the strategy is coming from the pentagon has to take into account economic and intelligence considerations and most importantly diplomatic considerations and why our state department is so important in

that turkey has a stake and russia has a stake in it and right now we're talking about what's going on in iraq but right over the border we also have the offensive going on against the islamic capital of raqqah where turkey is fighting u.s.-backed kurdish rebels. you have iran align with russia. it's a diplomatic knot we need to figure out how we have to figure out how to look at the end and build the strategy to build it to the end. >> shannon: some saying the new advised travel ban taking iran off the list is connects because we see them as a very important partner in the region. michael wallace good to see you this morning. thank you. >> thanks, shannon. >> bill: north korea is at it again firing four ballistic missiles into the sea of japan. what will the white house now say about this today. plus, this -- >> i think he's right in that this was surveillance and it was

conduct conducted through the fisa court. >> shannon: president trump facing a backlash over his accusation over former president obama and his administration but is there a double-standard when it comes to anonymous sources? our panel weighs in. >> it's interesting, george, when this past president says it's false everybody's like oh, well obviously it is but when we've been saying it for the last six months nobody believes it. ce amazing.

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president trump was warned by outgoing president obama north korea would be the most urgent problems confronting him on the world stage and the events underscores the very fact. the missile launch is of many we have seen in recent month. the banned ballistic missiles off the coast of key u.s. allie japan. the prime minister abe calling the launch as a new stage of threat. experts today saying it could be a warm up to what is an attack against japan by north korea. a large number of missiles overwhelming the defenses and there are u.s. troops in japan and there's a mobilization rally stage by the regime. north korea upset about massive u.s. and south korea military exercise. event usually triggers some kind

of response from north korea. as the ambassador to malaysia was booted out of the country. he said he was defending the sovereignty of the country and last month the estranged half brother of kim jung jong-un allegedly ordered the hit and there's a list of options being prepared by the staff and white house. a difficult problem. back to you. >> greg palkot report from london and all of that. >> shannon: president trump and the white house face pushback over the claim that president obama ordered the wiretapping of trump tower during the campaign. is it far fetched? there's a mountain of leaks they suspect are coming from obama hold-overs.

there's talk it is partially right but shouldn't be made public. >> the president wasn't correct in saying president obama ordered the tap on a server but i think he's right there was surveillance through the fisa court. the only way to verify surveillance is to disclose the warrants and the fruits of it and that should not be done in a political storm as hot as this one. >> shannon: joining me now the senior advisor to john kerry and' news editor for town hall and contributor for fox news. james clapper said if this went on he would know about it and categorically denied it. why is that not the end of the story? >> well, let's not forget who

james clapper is and the lack of credibility he has. the same nas director who lied under oath that the nsa was surveilling americans based on the things he wouldn't disclose. he's not the best source for the left and obama administration to be using in battling the issue but in terms of how we move forward it will be difficult for either side to get any evidence because if there is an ongoing investigation with the fbi they're going to deny it. they're not going to release the warrants and they're not going to comment on it and on the political side with the trump administration they're not going to get that information to be able to produce it to the public as evidence because it's an ongoing investigation. whether it's trau -- true or not is not based to be seen and if you look at the statement released by obama spokespersons it doesn't say the administration that no one in

the administration ordered these wiretaps which you know if did come to fruition last summer. it says nobody in the white house did. it didn't mean the administration wasn't working on behalf of the president. >> shannon: if there's a legitimate reasons whether the entities the fbi or someone else felt there was intelligence issue could have gone to the fisa courts. there's reports and we don't know they went with a request in june last week and denied and went back in october with a more narrow request and granted allegedly. who knows when we'll know if that happened but if they were able to make a legitimate case to someone and you have to go to one judge and they're almost never turned down at the fisa court almost never, it's legit ma could have happened, right? >> absolutely. there's other statutesou could apply as well. i think what's most interesting to me at this point is we're 48 hours after the initial tweet by

donald trump and not one person in government or his own administration have come forward with one shred of evidence in defense of the claims he's made. that is stunning. so i think the way to look at this -- i agree with what katie says in terms of the challenges on both sides but the onus is on donald trump to prove the charged. he just charged his predecessor with wiretapping him and you listen to everybody out in the last 24 hours this morning and kellyanne conway on the network saying let's find out together like it's a great national scavenger hunt. it's not how it work and so hurtful to democracy and what shred of credibility is left with donald trump given his claims about barack obama not being born in the country. millions of undocumented voters voted in the past election. the list is long. this one tops them all.

>> shannon: if he's responding to the reports on fisa orders and we can't get our hands on them and the white house counsel may be trying to figure out if they happened. if he's responding to those and they could have been legitimate law enforcement objectives they could be legitimate documents. he didn't pluck them out of thin air. >> there's reports from the washington post and new york times that talk about the fact there were wiretapped communications given to the white house about trump administration communications with the russians. so this isn't he just threw out there. i think he could have been more detailed and precise with his language. there's a difference between a wiretap and surveillance and that's something he can ask his people in place to look at and clarify and something his justice department could have clarified so maybe he should have asked that before coming out on twitter but the idea it's out of the question given the vast evidence of the obama

administration using the government to target enemies whether it's angela merkel, benjamin netanyahu overassess there's evidence from the obama administration of them doing this and not out of the question based on the evidence we have in public reporting this was done. the requests of the fisa courts were made we know that's true. allegedly one was granted. we know that is true. there is evidence there. we'll see how it plays out and whether we can get hands on this. >> shannon: and the wording is very important and that's on the president to get that right. i want to quickly play a little bit from sarah huckabee sanders. >> we've been fighting against anonymous sources for six months. >> shannon: they the sources good enough on the fisa orders and if not why not? >> the first was donald trump.

>> shannon: he's referring to sources that have been reported in the new york times, heat street, all kinds of places. >> that's irresponsible of him. he decided to disclose his information on his own to define it on his terms before other things come out. he's now put this in the starkest possible political terms to blame his predecessor because his supporters will believe it and defend him to the end. that says to me there's more coming and that's bad news for donald trump. >> shannon: we'll see in the coming days but anone mouse source anonymous sources are sometimes ok. >> bill: donald trump gets a do-over on the travel ban and how it will be different from the first one and will it face another legal. that's coming. next. >> shannon: and congress will investigate claims that former

president obama or someone in his administration ordered a wiretap on trump tower. did it happen and if so was it about politics? >> we know there was a lot of political motivation, lots of politically-motivated investigations and stories during the campaign and he would like this to be as part of the investigation. can look younger. who needs dna when you have olay? new regenerist.

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and each job created by the energy industry supports two others in the community. altogether, the industry supports over 9 million jobs nationwide. these are jobs that natural gas is helping make happen, all while reducing america's emissions. energy lives here. >> shannon: the supreme court by the way now making a big decision on a transgender high school student out of virginia. they were going to hear it later this month dealing whether or not the federal government can tell local schools to let transgender students use locker rooms and bathrooms they identify with. the trump administration changed the guidance that came from the obama administration and withdrew that saying we want to study it. we don't want to give schools

the directive. we withdraw the guidance. that case for now goes away and a disappointment for those what wanted to see it litigated but we think it will eventually come back. >> bill: here it comes. today president trump will issue a new executive order over the travel ban with key revisions from the first time around. the number of effected countries will drop from seven to six and iran being dropped from the list. a fox news contributor good morning to you. >> good morning, bill. >> bill: a number of changes. green card holders will be ok and visa holders prior to the 27th of january will be ok. the syrians will not have a definite ban it will only be temporary. if you get all that does it pass and are you ok with it? >> we have to take a look at it

and i whole list of things i'll be looking for when it comes out later today. obviously taking iraq off say good thing. i think a lot of people are worried though the syrian refugee ban is not indefinite the temporary bans will turn into indefinite bans because we still haven't heard from the trump administration what extreme vetting means. that's what underpins this. they're putting the ban in place until they can put the extreme vetting put into place but they haven't defined that and i worry it's an excuse to prevent refugees forever. >> bill: what the president would argue is this is all common sense. hear me out on this. you've had a mess in libya for five years, right. same for syria, five-plus years, yemen how many years. these are effectively failed states. when have you a failed state and they cannot account for who is leaving their country how do you

expect us to account for who they are and that's the reason why you set up some form that has the vetting which the president has called extreme vetting. what's wrong with that when you consider the nature of the government in these countries in the first place? >> well, we put in place in our administration and the last administration is very extreme vetting. we -- these refugees go two to three years of buy -- biometrics of background checking and vetting you could want. we believe the system's in place and backed up by statistics nobody from these countries has killed an american in the u.s. in a terrorist attack since 9/11 -- >> bill: but did the obama administration have the same countries on the same list? >> no, that's not true. these countries were part of a list we required citizens to get visas to come to the u.s. but could still travel to the u.s. what we would say is look,

you're not actually making us safer by putting this in place it's more of a political ban. it's something he promised to do during the campaign. it's not actually about making us safer which a lot of national security experts have said and it alienates either we want to help like refugees or need to fight terrorism. >> bill: so based on your first answer you'll see what it looks like and then make a judgment. >> absolutely. >> bill: maybe they make the revisions that satisfy people like you, right? >> i think the challenge is, sure. if they're intent on doing the ban over again then i will take a look at it and see if they've made enough tweaks to make it legal which it's had so many legal challenges to this point i think that was a high bar. >> bill: do you consider it a muslim ban or not? >> i think it targets countries that are primarily muslim and obviously we and the obama

administration felt needed scrutiny for travellers coming to the u.s. but -- >> bill: the reason i ask there are 40 other countries that are majority muslim not effected by the order. under that definition how do you consider it a muslim ban? >> the problem is donald trump and his administration picked countries out that sound scary, that look scary and intelligence and national security advisors and experts -- these aren't the places the terrorists have come from that attacked the u.s. why not saudi arabia and pakistan. they have sent more people to attack the u.s. it doesn't seem to be thought out. >> bill: i'm almost out of time i don't mean to cut you off but i'll put you down as open minded for now and we'll see in 90 minutes. fair? >> i don't think it should exist in any form but if he feels he

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>> bill: the u.s. launching more airstrikes in yemen targeting al-qaeda. keeping up the pressure on the aerial assault a week ago the u.s. conducts 44 airstrikes over five nights. military planners scrambling to make up for an intelligence shortfall. since the civil war there forced the u.s. to close its embassy two years ago there are no reporters in yemen with the information we're getting it from the pentagon and we're keeping an eye on it. we shall.

>> shannon: expected terrorists set to go on trail in brooklyn. the accused al-qaeda operative is charged with engaging in attacks on u.s. forces in afghanistan as well as plotting to attack the u.s. embassy in nigeria. we're live outside the federal courthouse in brooklyn. what can you tell us? >> we were expecting fire works. the defendant chewed his clothes off and screaming so loudly the judge postponed the hearing. the antics have been so disruptive they decided not to bring him to the courthouse and allowed the defendant to watch from video in his cell and he apparently declined the invitation. they claim he's mentally unfit for trial but the judge and prosecutors say the 47-year-old terror suspect is faking mental illness.

he was born in saudi arabia and left for afghanistan just weeks before the 9/11 attacks where the trained in terror camps and took part in attacks in 2002 and 2003 that left two u.s. service members killed. the families of those service members are expected inside the brooklyn courthouse this morning. it's been a long road to trial after the attacks in afghanistan the defendant reportedly went to pakistan and then traveled to nigeria where he plotted to blowup a u.s. embassy and then wound up in libya where he's was i am -- i imprisoned six year d claimed allegiance to al-qaeda and extradited from italy where he could face life behind bars. >> shannon: he has a lengthy

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where the future is materializing. let us help grow your company's tomorrow - today at esd.ny.gov >> shannon: president trump taking a second crack at the travel ban. he's expected to sign a revised executive order and the white house will hold an event with the details in the next hour. welcome to a brand new hour of "america's newsroom." i'm shannon bream in for martha mac callum. >> bill: i'm bill hemmer. iraq has dropped from the list and kellyanne conway saying the changes do not end there. >> the legal permanent residents were included and it's clearer and if you have travel docs or a visa or permanent resident you

were not covered and iraq is no long thor longer on the list based on en chanced screening and syrian refugees are treated the way all refugees are. >> shannon: we're live at the reagan building in washington where we'll learn more. tell us about the potential changes. >> three cabinet secretaries will be behind me in an hour and a half to lay out details. here's what we know so far the white house is intently focussed on narrowing the executive order and replacing the previous one with version 2.0, if you will, to survive the court challenges which proved to be nettlesome first time around. the first one you mentioned iraq taken off the list. six other muslim majority countries still on the list. translators coming from iraq who have been helping u.s. military was a hurdle the first time

around not getting them caught up in this and secondly refugees from syria will be dealt with as refugees from around the world not a separate category for them. and making it clearer this time green card holders are exempted altogether. kellyanne conway the counselor to the president. >> this week you'll have a new executive order on travel pointing out six or seven differences and effective march 16 iraq is no longer on the list. they're cooperating having better screening processes and reporting processes. >> think back to the scenes at the end of the first fill week in office for president trump we saw at airports, protests, people getting angry about the roll out. this obviously this time want to make sure they've not just survives the legal test and

politically it's more bullet-proof this time, shannon. >> shannon: so we talked about the event we'll see at 11:30. how will the rollout being different from what happened last time? >> the key is it's not just changes to the substance but also stylistically they'll roll it out and president trump made a show of signing it at the white house. this time it will be rolled out instead by three of his cabinet secretaries rex tillerson and the dhs secretary to show they're all over the details this time. >> shannon: all right we know you're on it and standing by. henry, thank you very much. >> bill: another big story starting this monday republicans rolling out a plan to replace obama care. congressional leaders working with the white house to hammer out the details and house speaker paul ryan finishing the

bill for release earlier this week and tom price appeared on cbs's "face the nation." >> we want to be true to the principles of health care that's a system accessible and affordable for everybody of the highest quality and incentivize innovation and empowering patients through transparency and accountability. that's the plan we've been working on and look forward to moving it soon. >> bill: it will be a big deal. chief congressional correspondent mike emmanuel is on the hill. what's the latest on the efforts to get it done? >> it's setting up to be a critical week after the congressional committees worked over the weekend. some of the critical players are office of management mick mulvaney and dr. tom price all working to push this cross the finish line.

one of the relevant house committee chair says they're trying to do it properly. >> we want to get it right and deliver it right for mr. trump and the american people. we'll have those bills finished soon. we'll post it for the american public and wing -- with plenty of time before committees take them up. >> bill: the expectations are the committees will work on the bill some time this week with the vote on the house floor by the end of the month. >> bill: what are some of the objectives? >> there's concern on how you pay for it and the idea of tax credit to get people to buy coverage. some compare that to obama care subsidies. rand paul say vocal critic. >> we're unified as republicans for repeal. we're not so unified on replacement. separate replacement and work on versions but that's the way it

should be in democracy but if they force us to have big government replacement bills, obamacare light on the repeal bill they won't win. >> the concern for gop leaders is if there's a substantial standoff in coverage they'll own that and a thought if you offer tax deductions it only benefits upper income americans so the thought is tax credit will get people to buy insurance. >> bill: mike emanual watching that for us on the hill. shannon. >> shannon: the fox new contributor we have a lot of going on. first we'll get the travel ban issue. there's been substantive changes. how do you think it will be received by the arlu and others that took it straight to the ninth circuit. >> they won't like any version of the travel ban but the

administration has the right idea having john kelly as the major spokesman. you had kellyanne conway review it but have you big players with experience on these issues describing what's going to happen. that alone is a major step up from the first failed roll up. >> shannon: the optics are different this time around. we have substantive change. we're still trying to figure out the nuance of whether it will be retroactive or not. that's been back and forth on who will get through based on when they had their visa but in the meantime we know iraq will be off the list and they're an important partner in a number of ongoing issues in the middle east. not the least of which is isis. how much pressure was there to make the change? >> a lot of pressure. we know there were phone calls back and forth between senior iraqi leaders and the administration with iraq lobbying hard to be taken off the list for precisely that reason because iraq is a partner in the fight against isis and

al-qaeda. the same argument applies to places like pakistan and saudi arabia which were not on the list and included in the original list and i think in the last hour an interesting point was raised that we're allowing some place where's we know they've produced terrorists that have attacked the united states not to be on this list and others where you have places that we haven't seen many terrorists come from on the list. >> shannon: it seems the administration folks are on the same page in getting this rolled out. we'll cover it live at 11:30. another place there's been a lot of back and forth is the gop on obamacare. we know there were big meetings this weekend. mick mulvaney the point person and a congressman and there's been meetings with staffers and a phone call with mulvaney and

ryan as they get ready to roll it out in a cohesive manner. you still have more conservative factions within the gop and those pointing to the fact that mulvaney way now be the point man because he has a better connection with the freedom caucus and others who say whoa, some of this is not ok with us. it's another entitlement program. >> that's why you have mick mulvaney involved and at this level. he was a founding member of the house freedom caucus and has met regularly with members in congress and the thought is make him the point man at least for those folks and to explain what the administration wants to do and why the administration is taking the approach it's taking. i think that ends up being a pretty significant moment have you mick mulvaney making the case. if he's making the argument people like to rand paul i think they're more likely to listen

from somebody like mulvaney than maybe some other people the trump administration may have offered. >> shannon: and planned parenthood funding and medicaid expansion and a host of issues. we should get our first look later this week. steve hayes always good to see you. we'll learn more at 11:30 eastern but before that judge napolitano will weigh in and they're drafted and ready to go. >> bill: 48 legal challenges. it's extraordinary. we'll see how that shakes down. don't move. >> shannon: won't take long. >> bill: and this is something to watch as well, the war against isis rages on in iraq. we'll have the latest on the war on terror next. also new reaction to the obama administration tapped into the trump power. peter king said he's taking the

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>> there's a double standard here. all we're asking is the same level of attention be put to this and let the house intelligence committee investigate this and see if there's any truth to it. the american people deserve to know if this happened because if it did this would be the greatest overreach and abuse of power we've ever seen.

>> shannon: there's a call for an investigation whether the form administration conducted surveillance on the trump campaign and james comey is asking for the claims to be withdrawn. and you're plugged in everywhere, sir. good to have you with us today. >> thank you, shannon. >> shannon: you've been investigating potential interference regarding russia for a long time. that's nothing new will you fold in whether fisa orders were granted during the trump campaign? >> i'm on the intelligence committee and as part of our investigation we'll cover the allegations by the president as to whether or not there was surveillance and there was a

wiretap to trump power. i'm not aware of that but we know there's been an investigation of the campaign started by individuals in the campaign. it's important for our overall investigation to find out what that included and if it included trump tower director comey said no and i hold great regard for director comey. it all has to be resolved. i wish the president had not done it via tweet because it's a serious issue. as far as i know there's no evidence showing collusion or conspiracy between anyone in the russian government or intelligence or part of the russian apparatus with the trump campaign so the investigation as far as i know has shown nothing so far but this is an added issue about the encompassing nature of the investigation. there could have been this type of surveillance and warranted if there was evidence or potential

evidence of somebody in the campaign but all this has to be fully examined and i'm confident our committee under chairman nunez can do this. >> shannon: if there was a fisa order and there are reports one was granted in october and one initially denied in june. that almost never happens out of 35,000-plus requests documented since 1979 there's been 12 turned down we know about. to me it says something about the initial pursuit of the fisa order but there would be a paper trail. could you or the commander in chief say i'm privy to all intel and want to see the fisa orders. >> fisa orders are almost sacrosanct and the administration can be briefed and get information to what the paper trail would be.

i think it's important for us to find that out. to me the fact that an order may have been issued is not necessarily critical of the justice department. on the other hand if it shows there's not sufficient evidence or they tried to shoehorn it warrants a full investigation but i want to emphasize there's no evidence assuming there were wiretaps still nothing has shown up anyone in the trump campaign or in the russian apparatus. >> shannon: how concerned are you about the leaks that continue to come out since day one on various fronts? >> we're talking internal white house gossip that's part of the game but if you're talking about fisa orders and transcripts of telephone conversations and talking about fbi investigations

and someone ordered access that's almost like an alternative government working against the president. i know for instance the fbi and justice department have to be very concerned on the leaks on fisa warrants because the fisa court is extremely strict about this. it's to use a catholic term like a confessional. that's not supposed to be disclosed anywhere except under the most extreme circumstances and court order. you can't leak that to the media and it goes beyond investigative reporting so anyone doing that is part of a serious crime and if they can't keep that secret fisa court will be reluctant to give those warrants. >> shannon: as we know they almost never say no and it's done secretly and there's no

opposing party and secretive process. good to see you >> thank you. >> bill: twenty minutes past the hour awaiting the rollout of the new travel ban and what challenges can the order face the second time around coming up in moments. >> shannon: and u.s.-led iraqi forces try to recapture mosul from isis. some are questioning the motives of one group in the coalition and we'll have that and the operation. mom let me know she'd always be there for me. and she was.

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ambassador leaving malaysia today after he was expelled. the government said they it was protecting its sovereignty after the ambassador made remarks questioning the bizarre killing of the kim jong-un's half

brother. north korea is denying involve many in the death. >> bill: in mosul, iraq they have regained a bridge and the group is responsible for killing hundreds of american soldier in the past. benjamin hull joins me from london for the latest and what can you tell me about the militias. >> these are the same iranian-backed militia ha killed u.s. soldiers and seemingly on the same side of the battle. we were in iraq and spoke to a spokesmen from the league of righteous. >> we took part in various operations and usually some people died. we cannot be partners with the united states in this battle. there are clear differences between us.

>> but in december last year the iraqi government incorporated the militias which total 100,000 soldier in the iraqi army and fighting with the same side as the u.s. and one is designated terrorist organization by the u.s. very murky who is fighting with two out there at the moment. >> bill: what's the u.s.'s position on this? >> well, there's deliver diplomatic speak we spoke to colonel dorrian a spokesman for the u.s.-led coalition is saying there was no direct communication for the groups. >> they're just now doing the rule-making so the ramifications how it will work out has yet to be determined. >> so as the battle for mosul continues with government forces inching forward under the threat of chemical attacks the question

remains who is doing the fighting and who are the u.s. advisors operating alongside and another big question, if the u.s. is doing so much of the heavy lift from the air who will benefit in the long run in the geopolitical sense. questions are yet to be answered as troops are in harm's way. >> bill: benjamin hall report from london. a lot of our focus has been on the russia side. the world's a dangerous place and the airstrikes in yemen on behalf of the u.s. coalition and north korea firing off again last night. >> shannon: and iran. >> bill: all this is moving right now. we're trying to keep a close eye as best we can. >> shannon: and we will. in the meantime a judge can find herself on the wrong side of the law. she's being investigated in connection with someone in the country illegally and in her courtroom. >> bill: and the president saying the obama team watched the trump tower during the election.

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the instant it touches your tongue. and neutralizes stomach acid at the source. ♪ tum -tum -tum -tum smoothies! only from tums >> bill: 10:30 in new york. u.s. forces keeping up the pressure in yemen. airstrikes hitting targets after dozens of attacks over the weekend. the pentagon confirmed 34 since thursday of the last week in coordination with the yemen government. the u.s. government using armed drones to conduct the strikes. al-qaeda been growing amid chaos of civil war in that country. >> shannon: fallout from the president's claim the obama administration tapped his phones during the election. fbi director james comey now asking the justice department to refute those allegations. chief intelligence correspondent is live. what is the latest on the fbi reaction to the president?

>> good morning. a government source telling fox news james comey has issued a task force to detect who leaked the information because he's frustrated by the leaks of the highly sensitive information that was only known at the highest levels of government and they urged the house and senate committees to investigate whether the last administration abused its power. >> the committee will use their oversight authority to see whether or not this in fact happened. we know there was a lot of political motivation of stories and activities during the campaign and he would like this to be incorporated as part of the investigation. >> law forces confirm to fox the tweet caught james comey and the justice department off guard and they are not confirm a report that they asked them to debunk the allegations after the tweet.

>> shannon: what are lawmakers saying about this today? >> a member of the house intelligence committee last our said there is a paper trail and congress has the authority it review it. >> right now the executive branch is controlled not by the obama administration but the trump administration so whatever information is out there and there would be a paper trail is now controlled by the execive branch ran by mr. trump. >> over the weekend a former attorney stated he believes there was surveillance. >> the president was not correct in saying president obama ordered a tap on a server in trump however, however i think he's right in that there was surveillance and it was conducted at the behest of the justice department through the

fisa court. >> or deny it? there there was no fisa order. >> of anything at trump tower? >> no. >> meanwhile the fbi refuse to identify the specific number of individuals and the identity of those individuals under investigation in the russia probe. director comey cited the criminal probe as the reason for not identifying them and nothing was given at the briefing that indicated there was collusion, shannon. >> shannon: that continues to be what we hear. thank you very much. >> bill: i want to bring in president and founder of high noon strategies and the campaign director for the american direction action fund. good morning to you. it's a dangerous game i don't know where it comes from or where it ends up but it's

dangerous territory on the trust the american people hold its in institution. lisa, based on what you read over the weekend where are you on this? >> i agree with you bill and it's the untold story in all of this there's a blatant distrust and all institutions of government and it's a broad underlying concern in all this. look, basically everything we're dealing with now is in hypotheticals. there's been nothing indicating there was direct collusion with anyone in the trump camp and russians and james clapper had recently said and the center on fox news sunday of not knowing the information if it's true or if there's indication of actual collusion. there's a bombshell of allegation by president trump we also don't know is true as we're dealing with the hypotheticals

and americans simply don't trust any of these institutions anymore. >> bill: and first, emily go ahead and tell us where you are on this right now. >> on a rare day, lisa and i are in total agreement. it's hard to trust any of these institutions and the only way to get to the bottom of it is to get investigate the election and what extend the trump administration knew about it. >> bill: have you a senate committee and house committee? >> we need true independence. there's been no indication the republicans leaders in the house and senate of the effective committees are looking for actual facts here. they keep parroting what president trump and new polling out shows 65% of all americans and half of republicans want there for true independence in

looking at the investigation. >> bill: you're calling for an independent council. >> we want the facts. everybody wants the facts. >> bill: so the next time a politician or president comes on tv and they say i can't talk about that it's under investigation. that's the effect. >> it could be. >> bill: you never know where it goes. that's not yet happened -- >> but to your point we don't know where it goes or ends up. that's the point. there should be a true investigation to find out it's separate from all politics to find out -- >> bill: we heard from trey gowdy last hour that they're on this and we mentioned senator koontz said this. >> our intelligence community has intercept and it's important the senate intelligence committee which is cong --

conducting an administration be given access to get to the bottom of this. >> bill: so if that's the case they'll get to the bottom of this if indeed the evidence exists. >> and there's been ongoing investigations and investigations. the new york times reported in october the fbi hadn't found a link between the trump camp and russia as well. look, there is ongoing investigations and it was senator coons on msnbc who indicated he knows of a transcript that exists and admitted after heavy pressing he didn't know the documents existed. this is being pole -- politicized and we're doing a good job and there's been so many reports from the media that

are false. there's allegations from the left calling to abolish the electoral college and members of congress saying the president is not legitimate and calling for electors to leave. it's very concerning. >> bill: what coons was asked about and i'm reading from the transcript on a hyper ventilating the aspect. >> the only way to get to the bottom of this is to have a full investigation. the senators on the committee are not speaking with full authority when in fact we know they are not speaking with full information because they have not had access to full information. >> bill: do you think it's

possible without the proof of trump tower and without the proof of collusion during the campaign of last year do you think it's possible there are those in the deep state of washington, d.c. who are just trying to throw the president off stride. do you accept that? >> there may be some but it does not appear what is driving the conversation right now. we do know the full consensus of the intelligence committee in a report that kicame out before t inauguration that the report of the intelligence community is russia did interfere with the election. to what extent we don't know is to what extent the trump administration knew about it. what we should know is to what extent the trump administration knew they were interfering. >> bill: i have to run. quickly -- >> i think the timing is highly suspicious much the session's

information after president trump gave a good speech and set the tone of his direction and the timing was highly suspicious. i think the idea there are forces trying to undermine the trump administration just look at the timing of that release of information last week. >> bill: emily, thank you. lisa thanks to you as well. more to come. i exchange the spirited effort today, shannon. >> shannon: we're standing by as the white house is about to unveil the modified travel ban and will the new executive order stand up to court challenges. >> bill: and the legal question surrounding the president's wiretap claims. the judge andrew nah pal -- >> there would be a paper trail is now controlled by the executive branch.

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>> bill: first on fox iran launching two short-range ballistic missiles over the weekend according to u.s. official. the first missed its target a barge floating 155 miles out to sea. the second destroyed the barge. this is iran's first test of this kind in about two years. the missiles can travel up to 200 miles and we're told the new models are outfitted with an active seeker which helps locate ships at sea. >> shannon: president trump's about to sign a revised version of his immigration and travel ban removing iraq from the original list of seven. will it be immune to legal challenge got the administration in so much trouble the first time. judge andrew napolitano has a lot to start with and as we understand has it been crafted in a way to survive legal

challenge. >> we haven't seen it yet but thanks to our intrepid john roberts our chief correspondent at the white house we have a good idea what it says. we know for example they took the four orders of judges that had en joined its enforcement brooklyn, alexander, virginia and two in the west coast and circuit court and make a checklist of the judicial objections and formed it in two categories. one is what is the basis for the seven now six countries and on which the ban will be i am -- imposed and we'll see why the countries were chosen. it's a low bar for the president to meet a rational basis and if he gives a sound reason the judges can't drive a truck through that opening. >> shannon: though some have said we don't care what you say we're looking to past statements to see there's a religious a

animous. >> shannon: >> i think it's unfair. you probably have never seen this ever that a candidate's language in the heat of the campaign is being used to impair his ability to govern and being held to the standard set during the campaign. so the question you ask in the intro, will there be litigation on this. of course there will. some believe the president's doing the wrong thing and we should have open borders and people who hate him and want to do everything they can to frustrate him. those people will file complaint but there'll be much less of an opening of a gap for a judge to drive a wedge in this time and having having learned i believe their lesson from the last time. >> i want to talk to you too about the allegations there are fisa orders that may have been aimed at trump tower and there's

been reporting with the outright denial. there's been reports we haven't confirmed them the fbi director jim comey wants others to go out and shoot it down and say it didn't happen. if it happened it could have been perfectly legal, if it happened. >> ok. so there's a lot of mixing of apples and oranges here. the fbi gets search warrants looking for evidence of crimes. it does not get search warrants looking for national security the nsa looks for national security measures not evidence of crime. >> shannon: and they're easier to get than criminal warrants. >> of course. because of the unique interpretation of a ronald reagan executive order 13222

successor to the fisa la you can capture the digital copies of phone calls and everybody's key strokes. >> shannon: look out. >> all information into or out of the u.s. and within the u.s. nsa works for the president. if the president asks for a transcribed copy they'll give it to him. the fisa says that no withstanding the rules above and below they can request surveillance on any person in the united states in conjunction with a certificate filed. >> shannon: maybe but not constitutional. >> if you're barack obama and have the ability by make phone call to hear what president trump will you both we are a warrant? >> shannon: a spokesperson said

it was never ordered but with the legal frameworks in mind could the current president say i want to see the fisa orders if they exist? >> i don't know fisa would give them the orders but could get them from nsa. but the nsa works for him. they're the military. whatever he orders they'll do. >> more to come. >> shannon: good to see you. bill, back to you. >> bill: john scott's coming up next on "happening now" as we say good morning on this monday. >> as you know a busy news day. we're awaiting breaking news on the president's executive order on immigration and expecting new details on the new order at 11:30 eastern time from the secretary of state, the attorney general and secretary of homeland security. we'll have that live. plus, the latest in the president's accusations this weekend he was wiretapped under orders of president obama. he has as you imagine has created a stir.

we have fox team coverage for analysis. >> bill: thank you. see you in ten minute. did a judge help an illegal immigrant dodge capture. we'll tell you what we know about that. under investigation for helpin

an illegal immigrant dodge capture. what do we know about what happened? >> the internal investigation happened but we know an illegal immigrant was allowed to avoid agents. he was charged with reckless

driving and dui and according to his lawyer he was nervous because he knew there were several agents from customs out in the hallway and there were entrances one going to the jail, another door is used by the judge and by courtroom staff to get back to their offices and in that hallway there's access to a staircase that leads downstairs and out of the front door of the justice center and then threes a doorway everyone else uses to the hallway. we know for sure he didn't go that way. >> this individual was allowed to leave that courtroom through a doorway that is not a public doorway and which ultimately led to his ability to leave the court house undetected by ice. >> ice did end up addressing pacheco and is now awaiting

deportation in new mexico. >> bill: what happens to the judge? >> they will not file federal charges though federal law is clear you cannot help avoiding capture and she can face punishment by the oregon state bar association. herons declined our request for comment. plenty of people think she should be finished as a judge. >> she aided and abetted a criminal. she broke the law and i think as a lawyer her law ticket should get punched because i think she helped a criminal to escape. >> she is still working as a judge during the criminal investigation. >> bill: thank you, dan in our west coast bureau. >> shannon: we're getting breaking news the fbi is now investigating scores of people admitted into the u.s. as

refugees in current counterterrorism probe. there's more on the connection between the people who came as refugees and their intentions to infiltrate the country. more on the other side of the break.

>> shannon: reporting that the department of homeland security says that the fbi is investigating some 300 people admitted into the u.s. as refugees. in connection to counterterrorism probes, she says when asked about the thousand or so domestic cases that are being investigated, that law enforcement agencies said a third of them that the 300 cases are related to people who came here under refugee status. that is a significant number. >> bill: she also says that they have been here or whether or not they were u.s. citizens now, had legal permanent residency. they are radicalizing here.

>> shannon: some of them. >> bill: we will hear more about this. are we 30 minutes away from the new travel ban that comes from the white house? >> shannon: we will cover that life. >> bill: all of that is happening. >> shannon: in the meantime, we made it. it is "happening now" right now. >> jenna: a fox news alert, major development out of washington. new fallout from explosive allegations by president trump about his predecessor. just as the white house gets ready to announce the new executive order on travel immigration. take a deep breath, we are here on monday. hello, everybody. it is great to see you. i am jenna lee. >> jon: i am jon scott. the president calling for a federal investigation into his claim that president obama wiretapped the trump tower in the trunk campaign. there is no evidence for the allegations that are sparking fierce denials from the fbi. the former director of the cia, the former national intelligence